Federal Court of Australia
Federal Court of Australia
New Aim Pty Ltd v Leung (No 3) [2023] FCA 1295 File number(s): VID 547 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 26 October 2023
Catchwords: PRACTICE AND PROCEDURE – where Full Court made order that the "matter be remitted for retrial" – question of the proper construction of that order considered – relevant principles discussed – importance of difference between ss 28(1)(c) and 28(1)(f) of the Federal Court of Australia Act 1976 (Cth) considered – where applicant sought further discovery
Legislation: Federal Court of Australia Act 1976 (Cth) s 28
Cases cited: Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 6) [2023] FCA 1276 Community and Public Sector Union v Telstra Corporation Ltd (No 2) (2001) 112 FCR 324 Fernando v Commonwealth (2014) 231 FCR 251 Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105; (2022) 403 ALR 498 New Aim Pty Ltd v Leung [2021] FCA 1329 New Aim Pty Ltd v Leung [2022] FCA 722 New Aim Pty Ltd v Leung [2023] FCAFC 67; (2023) 410 ALR 190
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
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